People v. Jackson, 128 A.D.3d 1279 (N.Y. App. Div. 2015). · Go Syfert
People v. Jackson, 128 A.D.3d 1279 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
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Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Gonyea
N.Y. App. Div. · 2022 · confidence medium
Accordingly, we find no basis to second guess defense counsel's strategic decision to allow defendant to provide the statement in pursuit of a plea, which eventually proved advantageous ( see People v Benevento , 91 NY2d 708, 713 [1998]; People v Jackson , 128 AD3d 1279, 1280 [3d Dept 2015], lv denied 26 NY3d 930 [2015]; People v Wares , 124 AD3d 1079, 1081 [3d Dept 2015], lv denied 25 NY3d 993 [2015]).
discussed Cited as authority (rule) People v. Wimberly
N.Y. App. Div. · 2022 · confidence medium
Defendant's contention that County Court abused its discretion in denying him youthful offender eligibility is foreclosed by his unchallenged waiver of the right to appeal ( see People v Pacherille , 25 NY3d 1021, 1024 [2015]; People v Matros , 196 AD3d 863, 864 [2021]), as is his attendant claim of prosecutorial misconduct ( see People v Williams , 184 AD3d 1010, 1010 [2020], lv denied 35 NY3d 1097 [2020]; People v Jackson , 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2021 · confidence medium
In these circumstances, the typographical errors amounted to mere technical defects that neither changed the theory of the People's case nor constituted jurisdictional impediments requiring reversal ( see People v Jackson , 128 AD3d 1279, 1279-1280 [2015], lv denied 26 NY3d 930 [2015]; People v Garcia , 79 AD3d 1248, 1249 [2010], lv denied 16 NY3d 797 [2011]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2021 · confidence medium
In these circumstances, the typographical errors amounted to mere technical defects that neither changed the theory of the People's case nor constituted jurisdictional impediments requiring reversal ( see People v Jackson , 128 AD3d 1279, 1279-1280 [2015], lv denied 26 NY3d 930 [2015]; People v Garcia , 79 AD3d 1248, 1249 [2010], lv denied 16 NY3d 797 [2011]).
discussed Cited as authority (rule) People v. Williams (2×)
N.Y. App. Div. · 2020 · confidence medium
Defendant's claim of prosecutorial misconduct relating to the failure to produce the recording of a 911 call is precluded by his valid appeal waiver ( see People v Jackson , 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]).
discussed Cited as authority (rule) People v. Rudolph
N.Y. App. Div. · 2019 · confidence medium
In the context of a plea, a "defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v Jackson , 128 AD3d 1279, 1280 [2015] [internal quotation marks and citation omitted], lv denied 26 NY3d 930 [2015]; see People v Wares , 124 AD3d 1079, 1080 [2015], lv denied 25 NY3d 993 [2015]).
discussed Cited as authority (rule) People v. Guynup
N.Y. App. Div. · 2018 · confidence medium
Additionally, notwithstanding the fact that the indictment contained a clerical error, [FN1] the record makes clear that defendant was charged with and pleaded guilty to intentional murder ( see People v Jackson , 128 AD3d 1279, 1279-1280 [2015], lv denied 26 NY3d 930 [2015]), and such error did not deprive defendant of fair notice of the charge against him ( see id. at 1279-1280; People v Ashley , 89 AD3d 1283 , 1285 [2011], lv denied 18 NY3d 955 [2012]; People v Sterling , 27 AD3d 950, 951-952 [2006], lv denied 6 NY3d 898 [2006]).
discussed Cited as authority (rule) People v. Gotham
N.Y. App. Div. · 2018 · confidence medium
The record establishes that the discrepancy between the factual allegations of count two and the crime charged therein is the result "solely [of] a typographical error" inasmuch as the facts alleged in count two of the SCI make it clear that the crime intended to be charged is robbery in the second degree as a violation of Penal Law § 160.10 (1), and we conclude that the typographical error does not render the SCI jurisdictionally defective ( People v Jackson , 128 AD3d 1279, 1279-1280 [3d Dept 2015], lv denied 26 NY3d 930 [2015]).
discussed Cited as authority (rule) People v. Melvin
N.Y. App. Div. · 2017 · confidence medium
Initially, we note that “[defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for [appellate] review” and are not forfeited by the guilty plea (People v Lugg, 108 AD3d 1074, 1074 [2013]; see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]).
discussed Cited as authority (rule) People v. Melvin
N.Y. App. Div. · 2017 · confidence medium
Initially, we note that “[defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for [appellate] review” and are not forfeited by the guilty plea (People v Lugg, 108 AD3d 1074, 1074 [2013]; see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]).
discussed Cited as authority (rule) MELVIN, JACOB, PEOPLE v
N.Y. App. Div. · 2017 · confidence medium
In our view, it is not “obvious” (People v June, 30 AD3d 1016, 1017 , lv denied 7 NY3d 813 , reconsideration denied 7 NY3d 868 ), nor is it “clear” (Jackson, 128 AD3d at 1279-1280), that the date-of-crime discrepancy at issue here is in fact a mere typographical error (see e.g.
discussed Cited as authority (rule) People v. Musella
N.Y. App. Div. · 2017 · confidence medium
While defendant’s claim that the SCI was jurisdictionally defective survives her guilty plea (see People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]; People v Brown, 75 AD3d 655, 656 [2010]), the SCI here specified the Penal Law section under which defendant was charged and, thus, sufficiently apprised her of the crime intended to be charged (see CPL 200.15, 200.50 [7]; People v Mackey, 49 NY2d 274, 279 [1980]; People v Darrell, 145 AD3d 1316, 1318 [2016]; People v Cruz, 104 AD3d 1022, 1023-1024 [2013]; People v Brown, 75 AD3d at 656 ).
discussed Cited as authority (rule) People v. Musella
N.Y. App. Div. · 2017 · confidence medium
While defendant’s claim that the SCI was jurisdictionally defective survives her guilty plea (see People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]; People v Brown, 75 AD3d 655, 656 [2010]), the SCI here specified the Penal Law section under which defendant was charged and, thus, sufficiently apprised her of the crime intended to be charged (see CPL 200.15, 200.50 [7]; People v Mackey, 49 NY2d 274, 279 [1980]; People v Darrell, 145 AD3d 1316, 1318 [2016]; People v Cruz, 104 AD3d 1022, 1023-1024 [2013]; People v Brown, 75 AD3d at 656 ).
discussed Cited as authority (rule) People v. Austin
N.Y. App. Div. · 2016 · confidence medium
Concerning defendant’s challenge to the sentence imposed, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]), and, therefore, defendant is precluded from challenging his sentence as harsh and excessive (see People v Lopez, 6 NY3d at 256 ; People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Mills, 85 AD3d 1448, 1448 [2011]; People v Sofia, 62 AD3d 1159, 1160 [2009]).
cited Cited as authority (rule) People v. Zakrzewski
N.Y. App. Div. · 2016 · confidence medium
Thus, defendant’s challenge to the factual sufficiency of the plea allocution is precluded by his valid appeal waiver (see People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]).
discussed Cited as authority (rule) People v. Blair
N.Y. App. Div. · 2016 · confidence medium
To the extent that defendant challenges the factual sufficiency of his plea allocution, it is precluded by his valid appeal waiver, which he does not take issue with on appeal (see People v Love, 137 AD3d 1486, 1487 [2016]; People v Koechel, 132 AD3d 1020, 1020 [2015]; People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]).
discussed Cited as authority (rule) 107166 People v. Decker
N.Y. App. Div. · 2016 · confidence medium
While defendant’s claim that the SCI was jurisdictionally defective survives both his guilty plea and valid appeal waiver (see People v Pierce, 14 NY3d 564 , 570 n 2 [2010]; People v Rapp, 133 AD3d 979, 980 [2015]; People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]), it is lacking in merit.
discussed Cited as authority (rule) People v. Goldman
N.Y. App. Div. · 2016 · confidence medium
As such, defendant’s challenges to the sufficiency of the plea allocution and the sentence as harsh and excessive are precluded (see People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Bryant, 128 AD3d 1223, 1224-1225 [2015], lv denied 26 NY3d 926 [2015]).
discussed Cited as authority (rule) People v. Love
N.Y. App. Div. · 2016 · confidence medium
Defendant’s challenge to the factual sufficiency of the plea allocution is precluded by that valid appeal waiver (see People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Bryant, 128 AD3d 1223, 1224 [2015], lv denied 26 NY3d 926 [2015]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2016 · confidence medium
Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Guyette, 121 AD3d 1430, 1430-1431 [2014]), and, given the valid waiver of appeal, defendant is precluded from challenging his negotiated sentence as harsh and excessive (see People v Lopez, 6 NY3d at 256 ).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2016 · confidence medium
Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Guyette, 121 AD3d 1430, 1430-1431 [2014]), and, given the valid waiver of appeal, defendant is precluded from challenging his negotiated sentence as harsh and excessive (see People v Lopez, 6 NY3d at 256 ).
discussed Cited as authority (rule) People v. Hughes
N.Y. App. Div. · 2015 · confidence medium
Defendant’s remaining claims of ineffective assistance survive his appeal waiver to the extent that they implicate the voluntariness of his guilty plea, but are unpreserved given the absence of an appropriate postallocution motion (see People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]). * Regardless, his contentions are belied by the plea colloquy, in which defendant confirmed that he was satisfied with counsel’s services and had adequate time to discuss the plea with him.
cited Cited as authority (rule) People v. Tyler
N.Y. App. Div. · 2015 · confidence medium
We further find that nothing in the record casts doubt upon counsel’s effectiveness, and counsel negotiated a favorable plea deal (see People v Jackson, 128 AD3d 1279, 1280 [2015]).
cited Cited as authority (rule) People v. Tyler
N.Y. App. Div. · 2015 · confidence medium
We further find that nothing in the record casts doubt upon counsel’s effectiveness, and counsel negotiated a favorable plea deal (see People v Jackson, 128 AD3d 1279, 1280 [2015]).
discussed Cited "see" People v. Bond
N.Y. App. Div. · 2017 · signal: see · confidence high
Inasmuch as this argument constitutes a challenge to the factual sufficiency of the plea, “it is precluded by [defendant’s] valid ap *1156 peal waiver, which he does not take issue with on appeal” (People v Blair, 140 AD3d 1478, 1479 [2016], lv denied 28 NY3d 927 [2016]; see People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Devault, 124 AD3d 1140, 1140-1141 [2015], lv denied 25 NY3d 989 [2015]).
discussed Cited "see, e.g." People v. Cespedes (Jose)
N.Y. App. Term. · 2018 · signal: see also · confidence low
The citation in the accusatory instrument to an incorrect subsection of New York City Administrative Code § 16-116 - that is, § 16-116(1) rather than § 16-116(6) - is disregarded as mere surplusage, since the instrument fully advised defendant of the facts relied upon to constitute the alleged violation ( see People v Love , 306 NY 18, 23 [1953]; People v Hare, 66 Misc 2d 207 [App Term, 1st Dept 1971]; see also People v Jackson , 128 AD3d 1279 [2015], lv denied 26 NY3d 930 [2015]; People v Rodriguez, 97 AD3d 246 [2012], lv denied 19 NY3d 1028 [2014]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Desmond L. Jackson
Appellate Division of the Supreme Court of the State of New York.
May 28, 2015.
128 A.D.3d 1279
McCarthy.
Cited by 24 opinions  |  Published
McCarthy, J.P.

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered February 27, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Defendant waived indictment, pleaded guilty to a superior court information (hereinafter SCI) charging him with criminal possession of a controlled substance in the third degree and waived his right to appeal. Prior to sentencing, defendant moved pro se to withdraw his guilty plea, contending that he received ineffective assistance of counsel. County Court denied defendant’s motion and, in accordance with the plea agreement, sentenced defendant, as a second felony offender, to a prison term of seven years followed by three years of post-release supervision. Defendant now appeals.

We affirm. Defendant’s claim that the SCI charging him with criminal possession of a controlled substance in the third degree was jurisdictionally defective survives his guilty plea and appeal waiver (see People v Brothers, 123 AD3d 1240, 1240 [2014]; People v Martinez, 106 AD3d 1379, 1379 [2013], lv denied 22 NY3d 957 [2013]). Here, the SCI erroneously denominated the crime charged as Penal Law § 220.16 (1), rather than Penal Law § 220.16 (12). Upon our review, however, we find that the record establishes that this was solely a typographical error as the facts alleged in the SCI made clear[*1280] that the crime intended to be charged was Penal Law § 220.16 (12) (see People v Ashley, 89 AD3d 1283, 1285 [2011], lv denied 18 NY3d 955 [2012]; People v Sterling, 27 AD3d 950, 951-952 [2006], lv denied 6 NY3d 898 [2006]; People v Miller, 23 AD3d 699, 701 [2005], lv denied 6 NY3d 815 [2006]).

Defendant’s ineffective assistance of counsel claim, to the extent that it implicates the voluntariness of his guilty plea, survives his appeal waiver and has been properly preserved by his motion to withdraw his plea (see People v Ramey, 123 AD3d 1290, 1290 [2014], lv denied 25 NY3d 953 [2015]; People v Cavallaro, 123 AD3d 1221, 1223 [2014]). Nevertheless, defendant’s specific claims of ineffective assistance of counsel are without support in the record. In this context, “a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel” (People v Ford, 86 NY2d 397, 404 [1995]; see People v Wares, 124 AD3d 1079, 1080 [2015], lv denied 25 NY3d 993 [Apr. 21, 2015]; People v Ramey, 123 AD3d at 1290-1291). Here, the record discloses that defense counsel, among other things, secured a favorable plea deal for defendant and vociferously advocated against sentencing defendant as a second felony offender. Further, nothing in the record — from the commencement of his criminal case to the completion of his advantageous plea — casts doubt upon counsel’s effectiveness. Defendant’s claim that his counsel should have made various motions amounts to no more than second-guessing his counsel’s legitimate legal strategy given that such motions would likely have been denied as without merit (see People v Benevento, 91 NY2d 708, 712-713 [1998]; People v Wares, 124 AD3d at 1081; People v Jones, 101 AD3d 1241, 1242-1243 [2012], lv denied 21 NY3d 944 [2013]). Accordingly, we find that defendant received meaningful representation.

Defendant’s valid appeal waiver — which he does not take issue with on appeal — precludes his challenge to the factual sufficiency of his plea allocution (see People v Sihounhome, 125 AD3d 1059, 1060 [2015]; People v Devault, 124 AD3d 1140, 1141 [2015], lv denied 25 NY3d 989 [Apr. 22, 2015]), his claim of prosecutorial misconduct (see People v Debberman, 113 AD3d 929, 929 [2014]) and his assertion that his agreed-upon sentence was harsh and excessive (see People v Hall, 125 AD3d 1095, 1097 [2015]; People v Campo, 125 AD3d 1058, 1059 [2015]).

Egan Jr., Devine and Clark, JJ., concur. Ordered that the judgment is affirmed.